Making a police report after a car crash can quickly turn into a “he said, she said” situation. You told the police officers the truth about the wreck. You explain that the other driver had their phone in their hand and smashed right into you as though you were not even there.
However, the other driver may not be so honest. They may not want the ticket, and they probably know that texting at the wheel is illegal in New Mexico. So, the other driver may blame the crash on you and claim they were not texting while driving.
How can you convince the insurance company or a jury that the at-fault driver had their phone in their hand so that you can receive compensation for your injuries or property damage losses?
There could be digital evidence
If someone plans to deny texting while driving, they might delete the texts they read or sent right before the crash. They might even uninstall an application on their phone or hide the device. Thankfully, the police or an attorney can often request the records from the phone company about data use or even records from app developers in certain cases.
You may not need to go that far though. There could be nearby traffic cameras or security cameras that caught the other driver with their phone in their hand. Informing the police officer of your suspicions can prompt a more in-depth investigation into the cause of the crash.
The attorneys at Sutten Law Group, LLC, can help you navigate putting the at-fault party on notice that they need to preserve any evidence of texting or cell phone use. Call the personal injury attorneys at Sutten Law Group, LLC, (505) 990-RICK (7425), to discuss your potential claims.